Conditions générales du contrat
General Terms and Conditions of Aerosoft GmbH
1. Subject and Scope of the General Terms and Conditions
1.1. Aerosoft GmbH, Lindberghring 12, 33142 Büren, Germany, Phone: +49 (0) 2955 760 310, Fax: +49 (0) 2955 760 333 (thereafter "Aerosoft", "us" or "we") operates an online shop specialized in aviation and railway simulation on the internet portals http://www.shop.aerosoft.com and http://www.aerosoft.com (thereafter "platform"). For these purposes you can purchase hard- and software, books, and DVDs on the platform, as well as further items on the subject area. The platform also makes it possible for you to purchase various products as software-download.
1.2. The content of the contract concluded between you and Aerosoft follows these general terms and conditions as well as the information provided during the process of ordering and registration, which will be saved by Aerosoft.
1.3. Aerosoft shall remain the right to change the platform as wells as to change rules and provisions of this platform at any time. Your order shall be subject to the terms and conditions effective at the time of your order, unless law or official orders require a change of these provisions.
2. Conclusion and Subject of the Contract
2.1. The product presentations presented in the online-shop shall not be construed as a binding offer, but shall serve for making a binding offer.
2.2. You can make your offer via the integrated order form on Aerosoft's online-shop. For this, you will - after entering your personal data and by clicking the button finalizing the order process "order with an obligation to pay" - make a legally binding contract offer regarding the items contained in your shopping cart.
2.3. Aerosoft may accept your offer within two days
- by sending you a written order confirmation or an order confirmation in text form (fax or email), whereas your receipt of the order confirmation shall be crucial,
- by delivering the ordered items to you, whereas your receipt of the goods shall be crucial,
- by us requesting payment from you after your order.
If several of the aforementioned alternatives are present, the contract shall become effective at the time that one of the aforementioned alternatives appears first. If Aerosoft does not accept your offer within the aforementioned period, this shall be deemed as a rejection of your offer with the consequence that you are not bound by your declaration of intent anymore.
2.4. The period for accepting the offer shall start the day after you send your offer and shall end at the end of the day after the next which follows the sending of the offer. If the last day of the period is a Saturday, Sunday or a statutory holiday at Aerosoft's registered business seat, the next working day shall replace such day.
2.5. Order processing and contact shall regularly be via email and automated order processing. You will have to make sure that the email address you provided for order processing is accurate so that you can receive our emails sent to you under this email address. When using SPAM-filters you will have to particularly make sure that all emails sent by Aerosoft or third parties engaged by Aerosoft for order processing can be delivered.
3. Electronic Communication
When using the Aerosoft online-shop or sending emails to Aerosoft, you are contacting us electronically. You thus consent to receive electronic answers from us. We will contact you either via email or via our forum.
The Aerosoft online shop sells products that are appropriate and allowed for children. Using the shop system is however only permissible for adults with a minimum age of 18 years. If you are under 18 years of age you may use the Aerosoft online shop only with consent of your statutory representative.
5. Registration and User Account
5.1. A download order shall require registration with Aerosoft (creating a user account). Registration in the Box-shop is however optional and provides a fast and uncomplicated processing of your order.
5.2. Every user may only create one user account. The user account cannot be transferred to third parties.
5.3. Registration is free of charge.
5.4. You can user your email address and a self-determined password for registration.
5.5. After successful registration you will receive an email confirmation and an open-ended user account.
5.6. The used password shall be kept confidential and shall not be forwarded to third parties. You are solely and to full-extent responsible for keeping it confidential. Aerosoft shall be notified immediately of any unauthorized use of the user account as well as any suspect thereof.
5.7. All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times. Aerosoft shall be notified of any changes immediately or changes shall be entered into the user account.
5.8. Aerosoft shall be entitled [insert link to data protection information] to save and process your data provided during the registration process pursuant to the data protection regulations.
5.9. You may terminate your user account at any time. For this purpose, please send us an email with your termination request to the following email address: firstname.lastname@example.org.
6.1. Our prices shall be the prices stated in the shopping cart on our website at the time of ordering. Deviating prices that are possibly depicted on pages that are loaded from buffer memories shall be void and not current.
6.2. Unless explicitly agreed otherwise in writing, our prices are ex dispatch location exclusive of packing, freight or possible collection on delivery fees.
6.3. All prices on our German website are inclusive statutory value-added tax and other price components.
6.4. Prices of products not yet released shall be based on non-binding supplier or producer information and may be subject to change until the product release date. Pre-announced products may be purchased at the indicated price; Aerosoft can however neither warrant the release date, the price nor the actual time of release. You will be notified of any changes prior to order processing. If you do not agree with the changes, the order will be canceled. A cancellation shall also occur if the product is not released. In this event, no claims shall exist against Aerosoft for non-performance of contract.
7. Payment Terms
7.1. We use the international SSL security standard to protect your data during the ordering process. The application is automatic, and you will be immediately notified if your browser should not support SSL. You can see whether or not you are using the site in a secure mode at the bottom page of your browser. A small padlock symbol will be displayed (for Netscape the padlock is at the bottom of the page, blue and closed), which warrants that your data is secure. By double-clicking the symbol you can see the name of our company and the validity date of the SSL-certificate.
7.2. The Euro serves as reference currency (€). All costs and amounts shall refer to Euros or the respective value in other currencies. It is possible for us to reference other currencies for your convenience. These are only approximate values that serve as mere information and may not necessarily reflect the actual currency conversion.
7.3. You can use the payment options pre-payment; PayPal (with credit card invoicing, bank transfer, direct debit) immediate transfer or Saferpay. Via Saferpay we accept Visa, Master Card and American Express credit cards. We will never see your credit card details, and the information will not be saved in the Aerosoft online-shop. Processing of the transaction and the collection of payment shall be performed via Saferpay. Saferpay complies with the latest security standards. Payment per Giropay is available via Saferpay. In the Box-Shop you will also have the payment options collection on delivery, bank collection and invoice.
7.4. Payment via invoice or bank collection is not available in the event of first time orders. First time customers can only pay via collection on delivery, credit card, PayPal, immediate transfer or prepayment.
7.5. Aerosoft shall remain the right in individual cases or in the event of rejection of payment through credit institutions or providers of the respective payment option, to perform the order only if payment occurs via collection on delivery or prepayment. You can accept this in these events or cancel your order.
8. Retention of Title
All goods delivered by Aerosoft shall remain the property of Aerosoft until full payment and settlement of all claims under the order contract has occurred.
9. Shipping Costs
9.1. Shipping costs can occur in individual cases, which will be subject to additional charges to be paid by you in addition to the stipulated prices. You will be explicitly notified regarding any possible shipping costs on the product detail site, in the shopping cart and again on the order site.
9.2. UPS-Standard and DHL-Standard deliveries within Germany shall be free of shipping fees. The amount of shipping costs in the event of express delivery and collection on delivery is determined by shipping mode, weight and shipping location and shall be calculated and stipulated during the order process and prior online-ordering. The ordering process may be cancelled here at any time upon request.
9.3. With the exception of CD shipping, there are no shipping costs for download products due to their nature. CD shipping for download products can be optionally selected during the ordering process and shall be subject to a shipping fee of 8.95 euros.
9.4. The following provisions shall apply for delivery of our products (except download products) outside of Germany:
Deliveries to Austria via UPS-Standard and DHL-Standard shall be free of charge for ordered goods of 39.00 euros or more. The shipping fees for goods under the amount of 39.00 euros and for express deliveries shall be determined by shipping mode and weight and shall be calculated and stipulated during the order process and prior online-ordering. The ordering process may be cancelled here at any time upon request. Aerosoft additionally offers shipping via registered mail up to a shipping weight of 1kg. Aerosoft charges a shipping fee of 5.60 euros for deliveries via registered mail. Please be aware that shipping via registered mail may take between 1 and 2 weeks, depending on your destination country. Delivery of hardware shall generally be via UPS due to its nature.
Belgium, Denmark, Finland, France, Great Britain, Luxembourg, Netherlands, Sweden, Czech Republic
Deliveries to Belgium, Denmark, Finland, France, Great Britain, Luxembourg, Netherlands, Sweden and Czech Republic via UPS-Standard and DHL-Standard shall be free of charge for ordered goods of 59.00 euros or more. The shipping fees for goods under the amount of 59.00 euros and for express deliveries shall be determined by shipping mode and weight and shall be calculated and stipulated during the order process and prior online-ordering. The ordering process may be cancelled here at any time upon request. Aerosoft additionally offers shipping via registered mail up to a shipping weight of 1kg. Aerosoft charges a shipping fee of 5.60 euros for deliveries via registered mail. Please be aware that shipping via registered mail may take between 1 and 2 weeks, depending on your destination country. Delivery of hardware shall generally be via UPS due to its nature.
Remaining Europe and Rest of the World
The shipping fees for orders within Europe and the rest of the world shall be determined by shipping mode and weight and shall be calculated and stipulated during the order process and prior online-ordering. The ordering process may be cancelled here at any time upon request. Aerosoft additionally offers shipping via registered mail up to shipping weight of 1kg. Aerosoft charges a shipping fee of 5.60 euros for deliveries via registered mail within Europe and for the rest of the world. Please be aware that shipping via registered mail may take between 1 and 4 weeks, depending on your destination country. Delivery of hardware shall generally be via UPS due to its nature. Additional custom fees and taxes may apply in the event of ordering and shipping goods outside the European Union that will be due upon arrival of your goods in your country. You shall bear additional custom fees. Custom fees may differ from country to country. Aerosoft thus advises that you contact your local customs center in advance.
10. Delivery Periods
10.1. Delivery shall occur within 5 days. The delivery period shall start in the event of pre-payment the day following payment direction vis-a-vis the transferring credit institution and/or for all other payment methods the day after conclusion of contract and shall end on the subsequent fifth day. If the last day of the period is a Saturday, Sunday or a statutory holiday at the place of delivery, the next working day shall replace such day. We provide notification of potentially deviating delivery times on the respective product sites.
10.2. Abroad delivery times may increase - depending on the respective destination country - to anywhere between 1 and 4 weeks (cf. cipher 9.4.)
11.1. The statutory provisions shall determine the warranty rights.
11.2. Any kind of warranty shall cease if you or a third party performs repairs or makes changes to delivered goods without written consent of Aerosoft.
11.3. Aerosoft shall not be liable for normal wear and tear of the goods as well as deficits that arise from wrongful or negligent treatment or use.
12. Use of Aerosoft Forums
12.1. Aerosoft provides you with the opportunity to register as a member in various forums free of charge.
12.2. As a member you can post your messages to other users or Aerosoft and you will receive access to fee downloads.
12.3. You shall be exclusively responsible for the content created by you. At the same time, you are warranting that all information provided in your content are true and complete.
12.4. Aerosoft points out that you may use content subject to third party rights only if you have been granted the herefore necessary rights.
12.5. The following contents shall not be permissible at any time:
- racist or otherwise discriminating or anti-constitutional statements or symbols or linking hereto,
- requests for violent or other criminal acts or advocating thereof,
- provide false, defamation or non-released personal information of third parties,
- content appropriate to cause a wrong impression of third parties,
- content containing or linking to malware or spyware
- or content violating applicable law in any other way.
12.6. Aerosoft shall be entitled to exclude you from using the platform und to suspend or delete your user account if this considers all interests.
13. Editorial Review and Administration of Forum Entries
13.1. Aerosoft shall remain the right to perform editorial reviews of any submitted contents in forums in individual cases. Aerosoft shall be entitled to reject publication of contents without reason.
13.2. Entries that appear to be impermissible in the event of an editorial review will not be published. Already published entries that appear to be impermissible after editorial review or after a complaint may be suspended or deleted.
14. Granting of Rights and Indemnification
14.1. By publishing content in forums operated by Aerosoft, you grant Aerosoft within the scope of the contract purpose a non-exclusive, royalty-free right, without local or time restrictions, to use the contents that you submitted to Aerosoft on the platform. The right to use shall particularly include, but not be limited to, the right to reproduce and distribute, public communication, make publicly available (particularly the internet), sending and forwarding via all known and yet to be known means of transfer, for speeches or presentations or amending, changing or alienation of contents.
14.2. You shall be entitled to revoke your granting of rights (cipher 14.1. and 14.2.) at any time in text form (e.g. via letter, fax, email) with future effect and without giving reasons. Alternatively, you are also entitled to delete contents created by you at any time yourself. In the event of revocation, Aerosoft shall immediately delete the concerned contents and refrain from further use.
14.3. With content posting you warrant that you hold all necessary content rights to grant the rights pursuant to 14.1. and that no violation of current laws is present and that no opposing third party rights exist.
14.4. Upon acceptance of these conditions of use, you shall indemnify Aerosoft from all third party claims (particularly claims from copyright, trademark, patent right and/or personal rights violations) that are made against Aerosoft relating to your posted entries upon first request. This shall not apply if you are not responsible for the violation. Aerosoft shall be entitled to take its own appropriate measures to defend third party claims. The indemnification shall also include reimbursement for costs that arise for Aerosoft through the necessary legal enforcement and defense.
Consumers (cf. 1.2.) shall have a revocation right pursuant to the following provisions:
Instructions on Revocation Right to Cancel
You may revoke your contractual statement within fourteen days without having to provide a reason.
The revocation deadline shall be fourteen days starting on the day you or a third-party determined by you, who is not the carrier, have taken possession of the final goods.
For exercising your revocation right you have to notify us
Phone: +49(0)2955 760 310
Fax: +49(0)2955 760 333
via an explicit statement (e.g. letter via postal service, fax or email) regarding your decision to revoke the contract. You can use the attached revocation template for this purpose, which, is however not compulsory.
You may also fill-out and submit the revocation template or another explicit statement electronically on our website. You will receive an immediate confirmation (e.g. via email) regarding receipt of your revocation if you exercise this option.
Dispatching of the revocation notification before the revocation period expires shall suffice to meet the revocation deadline.
Consequences of Revocation
If you revoke this contract, we shall be obligated to refund all payments that we received from you, including shipping costs (except for costs that resulted from you opting for another way of shipment than the cheapest standard delivery offered by us), immediately and by no later than fourteen days from the day that we received your contract revocation notice. We will use the same payment method for this refund that you used for the original transaction, unless we have stipulated a deviating method with you. This refund shall under no circumstances be subject to charges for you. We can withhold the refund until we receive the goods back or until you have provided proof that you shipped the goods back; depending on which occurred earlier.
You shall be obligated to immediately send back or hand-over the goods, and by no later than within fourteen days, from the day you notified us of the contract revocation. You meet the deadline by sending the goods prior to expiry of fourteen days. You shall bear the direct costs for sending the goods back. You are only obligated to reimburse a loss of value of the goods if this loss of value arose because you handled the goods in a manner that was not necessary to test function, features and functionality of the goods.
- End of revocation notification -
Exclusion of Revocation Right
The revocation right shall be excluded for delivery of goods
- that are not pre-assembled and where an individual selection or determination by the consumer is crucial for their manufacturing or that are obviously made to accommodate personal customer needs or that degenerate fast or where their best before date might expire fast,
- if the goods were inseparably combined with other goods due to their nature,
- regarding delivery of audio and video recordings or computer software in sealed packaging, if the sealing was removed after delivery,
- if the goods are newspapers, magazines or glossies with the exception of subscription services.
Please avoid damages or contamination. Please return the goods in their original packaging including all equipment and packaging parts to us. Use a protective secondary packaging, if applicable. If you no longer possess the original packaging, please ensure with appropriate packaging sufficient protection against transport damages in order to avoid damage claims due to insufficient packaging. Please be aware that the aforementioned modalities are not a requirement for validly exercising your revocation right.
Please be aware that in the event of purchasing software-downloads, your revocation right shall cease if Aerosoft started its contract performance (therefore with the start of the download). In this context, your explicit consent is obtained during the order process that Aerosoft shall be entitled to start its contractual performance prior to the expiry of the revocation period and that you are aware that you waive your revocation right by consenting to the start of the contractual performance.
Template Revocation Form
(If you intend to revoke the contract, please fill-out this form and return to us)
Aerosoft shall provide you with software for download or with a Box-version. The following end-user license shall stipulate granting of a software license and any relating documentation by Aerosoft to you.
USE AND REPRODUCTION RIGHTS
You shall have the right to use the software permanently within the necessary scope for the intended use
You shall be entitled to reproduce the software only if the respective reproduction is necessary for using the program. This shall particularly include the program installation from the original data carrier to mass storage of the employed hardware as well as loading the program onto the main memory. You are allowed to copy the software once in order to make a back-up copy. The back-up copy shall be marked as such and replaces the original if the original is lost or unusable. Further reproductions, particularly for commercial use of the software shall not be permitted.
You may use the software on any hardware available to you. You may however save, use or store the software only on one hardware device at a time. Prior to software installation on another hardware device, you shall be obligated to delete the software from the currently used hardware device.
Software usage shall be only permissible for private and non-commercial use. You shall have no right to lease out the software.
If you wish to reengineer, decompile or disassemble the software for achieving internet operability with other computer programs, you shall be obligated to contact Aerosoft prior to decompilation and request the necessary information for achieving such inter-operability. Aerosoft shall not be obligated to provide you with this information.
17. Other Companies
We refer to links to websites of other companies on our website. Aerosoft shall not be responsible for actions, products or contents of these pages and shall not be liable for them. You should therefore also familiarize yourself with their data protection notifications and user terms.
18.1. Aerosoft shall not be liable for customer damage claims. Aerosoft shall only be liable for damages arising from body, life or health violations or from violations of material contractual duties (cardinal duties) as well as for damages for other damages arising from intentional and gross negligent breach of duty of Aerosoft, its statutory agents or vicarious agents. Material contractual duties are duties that are required to make proper performance of the contract possible and on whose fulfillment you can rely.
18.2. In the event of violation of material contractual duties Aerosoft shall only be liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless, damages arising from injury to life, body or health are present.
18.3. The restrictions stipulated under ciphers 19.1. and 19.2. shall also apply for duty violations of vicarious agents and statutory agents of Aerosoft if claims are made directly against these.
18.4. You shall be responsible for your data backup.
18.5. You acknowledge that we cannot technically warrant one-hundred percent availability of the Aerosoft website. We strive however to make the website constantly available. Particularly maintenance, security or capacity matters as well as unforeseeable events may lead to short-term disruptions or preliminary suspension of services on the Aerosoft website.
19. Final Provisions
19.1. If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.
19.2. The laws of the Federal Republic of Germany shall apply; excluding the EGBGB conflict of law rules and the UN-Convention on the International Sale of Goods (CISG).
19.3. The exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship shall be the competent court at Aerosoft's registered seat of business if you are an entrepreneur, a legal entity of public law or a special public fund, or have no general place of jurisdiction within the Federal Republic of Germany or another EU member state or relocated your residence/business seat after application of these Terms abroad and outside the European Union.